Legal Question in Wills and Trusts in California
Who is responsible, me or the trustee?
It states in my mothers trust, ''It is my desire that my real propert be maintained for my grandson to use as his primary residence. Maintenance shall include, but not be limited to, Property tax, utilities (gas, electric, water, etc.) general construction upkeep(repair/replace major appliances, roof repair, etc.) landscape upkeep. However, I trust my trustee to make whatever decisions necessary to ensure the wellbeing of my grandson.''
What I need to know is, the condo has no mortgage, the only thing owed are HOA dues & utilities etc. The dues go towards maint & landscape of the complex. Who is responsible to pay the HOA monthly dues & Utilities? (gas, electric, cable & phone)
6 Answers from Attorneys
Re: Who is responsible, me or the trustee?
The terms of the trust are ambiguous. Maybe it means you should pay utilities and maybe it doesn't. You should talk this over amicably with your trustee and then abide by the agreement you reach. Do not make this into a big deal because you are going to pay. If you take this to court to have a judge interpret the terms of the trust you may get your utilities paid out of the trust but the trustee and his attorney will be paid $200.00 an hour for arguing in court. You want to keep your principal intact. If you cannot get the trustee to agree that utilities should be paid out of the trust you should just thank him and start paying your utilities.
Re: Who is responsible, me or the trustee?
The trust, as quoted in your question, is ambiguous. Typically the beneficiary pays those costs, but the language you quote could be interpreted as having the trust pay them. Have an attorney look over the whole document--there may be other passages which offer clues.
Re: Who is responsible, me or the trustee?
Any other assets in the trust are to be used to maintain the property (the trust owns the property).
Other than that, the terms of the trust would dictate what to do if there are no other assets.
Re: Who is responsible, me or the trustee?
It would appear from what you say that the trust is responsible, but you should have someone look at the entire trust to be sure.
Re: Who is responsible, me or the trustee?
If you're the only beneficiary of the trust. Then you're the only one to complain. However, the language looks general enough to include the items you've listed.
Re: Who is responsible, me or the trustee?
the trust is responsible but if the is no money in the trust then grandson is out of luck and he'll need to get a job.